Search and Seizure — private searches

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Wisconsin Court of Appeals

Criminal

Search and Seizure — private searches

Where the evidence was found by a private party, there was no Fourth Amendment violation.

“We see very little, if anything, to distinguish Jacobsen from this case. Whether or not Cameron had a legitimate expectation of privacy in his belongings in the basement closet, Grana (a private citizen) destroyed any expectation when she went through those belongings and discovered the child pornography. After discovering and reviewing the child pornography, Grana placed it in the duffel bag. As in Jacobsen, Grana, on her own accord, invited Boldus to her residence for the express purpose of viewing the contents of the duffel bag. See Jacobsen, 466 U.S. at 119. Boldus testified that he then took possession of the duffel bag when it was removed from Grana’s car. Boldus’ subsequent search of the duffel bag did not exceed the scope of Grana’s search. In keeping with Jacobsen, we conclude that there was no Fourth Amendment violation, and Cameron is not entitled to suppression of the evidence of child pornography found by Grana in their shared home and voluntarily turned over to law enforcement.”

Affirmed.

Recommended for publication in the official reports.

2011AP1368-CR State v. Cameron

Dist. II, Kenosha County, Flynn, J., Neubauer, J.

Attorneys: For Appellant: Jensen, Jeffrey W., Milwaukee; For Respondent: Balistreri, Thomas J., Madison; Zapf, Robert D., Kenosha